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December 21, 2020  

Handling Judicial Recusal at the Supreme Court

December 21, 2020

The panel is joined by our first guest-author, Associate Dean Bekah Saidman-Krauss! We discuss an article she wrote which analyzed a proposal by Senator Leahy (D-VT) to allow the Supreme Court to fill recusal based vacancies with retired Justices. The lower courts have mechanisms to replace a judge who recuses themselves, why doesn't the Supreme Court? What effect does not having a replacement mechanism have on their decision making?  

The article discussed is: Bekah Saidman-Krauss, A Second Sitting: Assessing the Constitutionality and Desirability of Allowing Retired Supreme Court Justices to Fill Recusal-Based Vacancies on the Bench. 116 Penn St. L. Rev 253 (2011).

Guest: Bekah Saidman-Krauss

Host: Tony Fernando

Panel: Schenley Kent, Seth Trott, Jo Ann Fernando

Audio: Mohammed Saleem

Producer: Tony Fernando